However, Brazilian legal scholar Sérgio Bermudes observed that the code represented the uncomfortable coexistence of two different influences: "a generalized modern element, heavily inspired by German, Austrian and Portuguese law, as well as the work of legislative review of Italy; and a specialized anachronistic element, sometimes too faithful to the old Lusitanian process, sometimes completely unsystematic."
After a decade of observation and debate, the Federal Government authorized a major reform to the 1939 Code of Civil Procedure that ran from 1969 until 1972.
The new Código de Processo Civil (CPC), which became law in 1973, aimed to hasten the litigation process, move away from an over-reliance on written documents and pleadings, and broaden the powers of the judge.
Accordingly, cognition processes should culminate in a sentence based upon the merits of the case, and provide a definitive answer to the initial complaint filed by the plaintiff.
These special procedures tend to focus on issues of minor complexity, and can be properly characterized as “highly summarized proceedings.” Additionally, common cognitive procedures themselves can be broken into two categories: those that receive the full, traditional treatment from the legal system (procedimento comum ordinário) and those that receive summary proceedings (procedimento sumário).
Summary proceedings in Brazilian law are triggered primarily by factors that deal with the inherent subject matter of their corresponding litigation, such as low-cost disputes or minor damages from automobile accidents.
Thus, a fully litigated, non-summarized case will receive common ordinary procedure (procedimento comum ordinário).
Traditionally, it then is separated into three parts: statement of facts (a recital of the events that occurred that provoked the petition), considerations of law (a collection of statutes and legal authorities supporting the position of the plaintiff), and a request for relief (where the desired legal action to be taken by the court is specified by the plaintiff).
The contestação acts as an inverse of the initial petition: it includes the defendant´s own factual allegations and legal citations that contend against the plaintiff's charges, as well as supporting documentation and evidence.
If the review produces the realization that there are no disputed facts and that the issue of contention is a matter of law, he may offer summary judgment before the trial.
Should the two parties fail to reach an agreement, the trial proceeds until the judge enters a decision based upon the merits.